Jerry Long

Wilson

Harmison

Rushefsky

ballot

The Ozarks Minutemen say their proposal is straightforward -- require local employers to use the federal E-Verify program to screen new hires and punish those that employ illegal immigrants.

"When a couple of businesses are caught, ultimately this will cause a culture shift in Springfield over the hiring of illegal aliens," said spokesman Jerry Wilson. "It will become an embarrassment to get caught."

Opponents, meanwhile, warn that the ordinance heading to a Feb. 7 vote will do much more than the Minutemen say -- with potentially costly consequences.

"It's a lawsuit waiting to happen," said Joe Robles, a spokesperson for opposition group Citizens for a United Springfield.

The Ozarks Minutemen acknowledge the ordinance has flaws, chiefly the inclusion of monetary fines that conflict with federal law.

Robles and other opponents hope to draw voters to what they say are more pervasive problems with the legal language of the ordinance.

Echoing concerns first raised by City Attorney Dan Wichmer, they say the use of broad definitions means the ordinance will affect a range of individuals and organizations beyond those traditionally thought of as businesses.

"(The proposal) places all entities -- businesses, nonprofits, service groups, religious organizations, schools, hospitals -- operating in the city as well as the city of Springfield itself in constant legal jeopardy," said Robles, who thinks the law would require even volunteers to be screened.

Wilson dismissed such criticism as "attorney nit-picking" and said the ordinance is worth passing even if it isn't perfect.

"For the citizens of Springfield, this is probably going to be their only chance to pass something to deal with illegal immigration locally," he said. "If they pass up this opportunity, they will wake up six, seven, eight years in the future and realize their community has changed dramatically for the worse."

In opposition

Opponents have warned of dire consequences, as well, if the ordinance is passed as written.

The origin of the ordinance means any problematic legal language will be difficult to correct if Springfield voters give it their approval.

(Page 2 of 3)

The Ozarks Minutemen submitted the bill to City Council by initiative petition, which prohibited any changes -- councilmembers' only options were to approve it or send it to a public vote as written.

If passed by voters, it can't be amended for at least six months, after which changes are possible only with an unanimous vote.

Although unable to change the law, City Council was able to draft the summary that will appear on the Feb. 7 ballot. The language chosen reflects their concerns.

Several councilmembers pushed to quote long passages from the proposal rather than use general terms, such as "business," that might conceal the full extent of the law.

"It would apply to more than just businesses," said Councilwoman Cindy Rushefsky, who is working with Robles and others to oppose the bill. "(The Ozarks Minutemen) keep saying it's not what they meant, but it's what it says ... You have to go by the plain language of the statute."

Joined by Councilmen Bob Stephens and Scott Bailes, Rushefsky also pushed to include a fiscal note in the ballot language to alert voters to the potential legal costs if the law is challenged in court.

"Other cities around the country that have tried to institute a local law on top of state and federal law have lost and spent hundreds of thousands of dollars trying to defend it, which we'll be forced to do," said Bailes. "I'm just not willing to lay out an open checkbook to defend an ordinance that I don't think there's a clamoring to pass."

Council eventually adopted ballot language that does not mention potential costs, but opponents have continued to warn of possible lawsuits.

When the Springfield Area Chamber of Commerce voted in December to oppose the E-Verify ordinance, its legality was the first reason cited.

"On its face, the proposed ordinance is illegal," said Jerry Harmison, chair of the chamber board.

In support

Wilson and Jerry Long, the Ozarks Minutemen director, said they think the risk of a lawsuit is overstated.

Many of the cases commonly referenced involved laws attempting to prohibit landlords from renting to illegal immigrants, he said. "That's not in this ordinance."

(Page 3 of 3)

More recently, the U.S. Supreme Court issued a decision establishing that state and local governments can require businesses to use E-Verify and suspend their licenses if they hire unlawful workers, Wilson said.

If the law is challenged, City Council bears some responsibility, they said.

"They had an opportunity to correct the error," Wilson said, referring to a plan suggested by Mayor Jim O'Neal that would have had City Council approve the ordinance, bypassing the City Charter rules and allowing it to be amended more quickly.

O'Neal abandoned the plan when it came time to vote, however, saying he worried councilmembers would have "gutted" the bill after it was approved.

Wilson and Long said their hope is that voters will approve the measure, then City Council will vote unanimously to remove the fines in six months.

"We don't expect to see any fines before then, frankly," Wilson said. But if a lawsuit is filed, so be it.

"It's getting to the point that any contentious ordinance gets challenged," Wilson said. Defending a new law in court "is part of doing business."

Long added: "The overall benefit of this ordinance greatly overshadows any potential costs."